The High Court has ruled that President Uhuru Kenyatta contravened the election law by advertising his government's achievements during the campaign period.
On Thursday, Justice Chacha Mwita ruled that the Jubilee government had committed election offenses by using public resources to advertise its achievements since it got into power.
"A declaration is hereby issued that the purported use of public resources to launch and maintain Kenya Government delivery portal/website to advertise achievements by the National government on various programmes and projects undertaken across the country in the last 4 years contravenes section 14(2) of the Elections Offences Act hence is irregular, illegal and unlawful.
"An order of permanent injunction is hereby issued restraining the national Government whether by itself, agents, servants, proxies and/or any other person acting under its or their authority or direction from advertising achievements by the national government," the ruling read in part.
[caption caption="Justice Chacha Mwita"]
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The petitioner, lawyer Apollo Mboya sued the Attorney General in his capacity as the principal advisor to the government, who is also charged with the mandate to promote, protect and uphold the rule of law as well as the defender of the public interest.
Included in the petition as interested parties were IEBC and the Director of Public Prosecutions (DPP), a constitutional office established under Article 157 of the constitution with the power to undertake Criminal Prosecutions in the Country.
In April, President Kenyatta and his Deputy William Ruto officially launched https://www.delivery.go.ke/ website to help Kenyans track all development projects carried out by the Jubilee administration in the last four years.
The portal relayed stories and facts about the progress of the Jubilee government and its achievements following criticism by the Opposition that President Kenyatta had not delivered on his promises.
Established in 2015, the Presidential Delivery Unit is a center of government function based in the Office of the President.
Its primary remit is to improve the coordination of National Government flagship programs, monitor, evaluate and report on and the timely fulfillment of the President's key development priorities.
[caption caption="The President's Delivery Unit website"]
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